How to Prove Discrimination in the Workplace You have been treated unjustly based on one of your protected characteristics. You are qualified, capable and honest and performed your job satisfactorily. Discrimination has negatively affected your job. Job decisions were not objective.
Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
For discrimination complaints related to housing, employment, or business establishments, you may contact the California Department of Fair Employment and Housing (DFEH) at 800-884-1684 (voice), 800-700-2320 (TTY). You may also visit the DFEH page for additional information.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Compare your work, conduct and treatment to that of those outside of your protected class as much as possible. Provide proof that others of similar qualifications have been given better opportunities, projects that are more favorable and superior treatment.
Document the information during or directly after the event so the details are as accurate as possible. Next, save copies of memos or emails that exhibit illegal or unfair practices. To support your claim, the last step is: ask witnesses to record their observations of what happened to support your claim.
Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
How does a person file a complaint of employment discrimination? Online by creating an account and using our interactive California Civil Rights System, CCRS. Call the Contact Center at 800-884-1684 (voice). Print and fill out a hard copy of the Intake Form that matches your issue and send it.